Overview
Selling a home in Miami requires several disclosures beyond the purchase contract itself, starting with a wire fraud warning since scammers frequently target real estate transactions with fake wiring instructions. Homes built before 1978 also require a lead-based paint disclosure, and Florida law separately requires sellers to disclose any property defects that aren't easily observable by a buyer, covering everything from plumbing and flood history to hazardous materials. Condo sellers face an additional Condo Rider covering association fees, pending litigation, and — as of contracts entered into after December 31, 2024 — disclosure of the building's milestone inspection and Structural Integrity Reserve Study status. Completing these forms before listing can help avoid delays once a contract is signed.
Wire Fraud Disclosure
One of the first disclosures your real estate agent should send you when listing your property is the wire fraud disclosure.
Wire fraud is widespread, and buyers and sellers need to be aware of the possibility throughout a transaction. Scammers target the emails of everyone involved in a real estate deal and send convincing fake wiring instructions, sometimes following up with a phone call to add credibility.
You can learn more in our guide on how to avoid wire fraud when buying or selling your home.
Lead Paint Disclosure
If you're selling a property built before 1978, federal law requires you to disclose any known lead-based paint or hazards. This disclosure asks you to state:
- Whether you have knowledge of lead-based paint hazards in the property
- Whether you have reports or records of lead-based paint hazards, and whether you've provided those to the buyer
The buyer and all agents involved also sign this disclosure as part of the transaction.
Seller Disclosure
Under Florida case law (Johnson v. Davis, 480 So.2d 625, Fla. 1985), sellers must disclose to the buyer anything that affects the property's value and isn't easily observable. This covers:
- Structures, systems, and appliances
- Termites and other wood-destroying pests
- Water intrusion, plumbing, and flood insurance
- Fire protection, improvements, and alterations
- Hazardous substances
- Limited common elements
- The condo association
- Foreign Investment in Real Property Tax Act (FIRPTA) status
By completing this disclosure, the seller acknowledges the information provided is accurate to the best of their knowledge.
Condo Rider
The Condo Rider covers essential points about the building and its association, including:
- Condo association approval
- Right of first refusal
- Fees, assessments, prorations, and pending litigation
- Milestone inspection and Structural Integrity Reserve Study (SIRS) disclosure, required for contracts entered into after December 31, 2024
- Non-developer disclosure
- Buyer's request for and receipt of documents
- Common elements and parking
- Inspections and repairs
- Governance form
Some older versions of this rider also address a fire sprinkler retrofit requirement, which was tied to a now largely expired legacy opt-out provision — confirm with your agent whether this still applies to your specific building.
When to Complete These Disclosures
Some agents have sellers sign these disclosures after a contract is already in place. It's generally better to review, complete, and sign them upfront before going to market — that way they're readily available for prospective buyers, and it gives you a chance to catch potential issues before you're already under contract.
